The Nigerian Guild of Editors and the Socio-Economic Rights and Accountability Project have instituted a suit against the National Broadcasting Commission over its directive threatening sanctions against broadcast stations and presenters.
The groups are challenging what they described as an “arbitrary and unconstitutional” notice issued by the NBC, which warned broadcasters against expressing personal opinions as facts, intimidating guests, or failing to maintain neutrality during programmes.
In the suit filed before the Federal High Court in Lagos, the plaintiffs are asking the court to determine whether provisions of the Nigeria Broadcasting Code cited by the commission are inconsistent with the 1999 Constitution and Nigeria’s international human rights obligations.
The NBC had earlier raised concerns over what it termed a growing breach of the 6th Edition of the broadcasting code across news and political programmes, warning that erring stations could face sanctions.
However, SERAP and NGE argued that the provisions relied upon by the commission are vague, overly broad and capable of undermining freedom of expression and media independence.
They are seeking a declaration that the relevant sections of the code violate constitutional guarantees on freedom of expression, as well as an interim injunction restraining the NBC from enforcing sanctions pending the determination of the case.
The groups further contended that journalistic practice inherently includes analysis, commentary and opinion, which they said are protected under both Nigerian law and international conventions.
Human rights lawyer, Femi Falana, is leading the legal team representing the plaintiffs.
According to the applicants, the continued enforcement of the provisions could create a chilling effect on the media, discourage critical reporting and weaken democratic accountability, particularly as the country approaches the 2027 general elections.
They also argued that any regulatory measure affecting expression must be precise, necessary and proportionate, warning that the NBC’s directive could amount to indirect censorship.
No date has yet been fixed for the hearing of the suit.
